PEOPLE v. WALKER


186 A.D.2d 1064 (1992)

The People of the State of New York, Appellant, v. Jerome Walker, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 7, 1992


Judgment insofar as it imposes sentence unanimously reversed on the law and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: Defendant should have been sentenced as a second felony offender. Defendant's prior conviction for grand larceny in the third degree is a conviction "in this state of a felony"; thus, it is a proper predicate felony conviction (Penal Law § 70.06 [1] [b] [i]). Although the act for which defendant...

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